The quickest, cheapest and most frequent way to deal with the risks arising from the construction of a property over a supposed canal is for the seller to provide the buyer with liability insurance that protects future landowners from financial losses incurred by the local water authority in the event of access and repair of an underlying sewer. This option is not always available as it must first be approved by the buyer`s lender. If part of the transaction revealed the existence of the building built above the canal assumed to be the local water authority, no insurance will be available. If you plan to build within 3 meters or via a public sewer, a construction agreement is required. Your local water department has a legal right of access to public sewers, so you cannot build these sewers without the consent of the authority. The local water authority must therefore authorize all construction work within 3 metres of a canal or sewer. This is called the Build Over Agreement – what it allows you to build and organize through these sewers, to avoid sewer damage, because the extra weight of the new building could cause sewer collapse and structural damage to the property. A Build Over Agreement is a document in which the owner of the local water agency undertakes that the work to be carried out will not have a negative effect on public sewers under or near. In addition, the local water authority`s access rights to sewers are defined so that they can continue to repair and maintain them. If you plan to build sewers nearby or nearby, you should contact the local water service before starting work to find out what their requirements are. There is another problem as to whether there should have been an agreement. In cases where public sewers were built without the consent required under the 2010 Construction Code, the usual penalties and enforcement measures apply. It will be difficult and time-consuming to determine whether the canal in question was originally a private sewer subject to the transfer of the private sewer regulation in 2011, and therefore it would never have been necessary to enter into a construction agreement, or whether the sewers in question were still public and whether a hold-up should have been carried out.
If no construction agreement has been reached, the vendor should have a sewer line review and the records forward to the water company. If the water company is satisfied that the sewers are in good condition, they will give a consolation letter confirming that the sewers are in satisfactory condition. The comfort letter generally satisfies the buyer and its mortgage lender that the Water Company will not take any action to demolish the insulting structure over the public sewers. A construction agreement allows the water company to ensure that the work to be carried out will not adversely affect the underlying sewers and ensures that the water company continues to have sufficient access to the canal for repair and maintenance. If you plan to build nearby or via a public sewer, you should contact the water company before carrying out the work to determine its needs. Construction of a winter garden or culture by a public channel or less than 3 meters from the canal? A building permit issued by the local sewer service is required. If this is not the case, the remediation authority can remove the structure without compensation. If this is not the case, it is likely that a buyer will insist that compensation insurance be taken out.
When buying a property, you are offered a Drainage – Water Search which contains a map showing the location of the supposed sewers in relation to the property. If the accepted sewers are identified as within the property, your carrier should ask the seller`s lawyer for appropriate requests for the transfer.